Southern Building & Loan Ass'n v. Argo

On Rehearing. We are taken to task upon application for rehearing for applying an equitable rule as to a tender or restoration of the stock coupled with a demand for a restoration of what had been paid for same by the plaintiff. It is sufficient to say that this rule has been applied by this court in actions of law as well as equity. Jesse French Piano Organ Co. v. Bradley,138 Ala. 177, 35 So. 44.

The application is overruled.

GARDNER, BOULDIN, and FOSTER, JJ., concur. *Page 614